HomeMy WebLinkAbout8/10/2022 - Planning Commission - Minutes - RegularPlanning Commission Meeting MINUTES Wednesday, August 10, 2022, 7:00 PM
Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street
WORK SESSION
1.Call to Order
A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on August 10, 2022; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst, II; Jackson Beamer, and Neil L. Conner; together with Charles E. Van Allman, Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell Dillon, Planner; and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:05 p.m. and reported that this date, place and time had been set for the Commission to hold a work session.
2.New Business
Maxwell Dillon presented the updated Planning Commission GIS site. He explained that the items on the agenda would appear on the site. He demonstrated the interface with the site.
A.Discussion of items on the August agenda
1.10 School Lane2.900 Palmer Avenue
3. 2016-2020 West Main Street
A discussion was held regarding the items on the August agenda. Item 1: it was noted that traffic does not present an issue and the proposal would significantly improve the neighborhood. Item 2: it was noted that there were concerns regarding changing the address and the aesthetic associated with the structure. Item 3: it was noted that the used car sales was grandfathered, but automobile repair services major was never approved. It was further noted that scrap and salvage was not allowed on site.
3.Adjournment
Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:57 p.m.
REGULAR SESSION
1.Call to Order
A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on August 10, 2022. Notice of such hearing was published in the July 28, and August 4, 2022, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service.
The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney; H. Robert Light, Assistant City Manager and Executive Secretary, ex officio member of said Commission, to wit; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; and Maxwell Dillon, Planner, and the following business was transacted:
Chair Daulton called the meeting to order at 7:00 p.m.
2.Pledge of Allegiance
3.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the July 13, 2022, work session andregular meeting.
Jackson Beamer motioned to accept the minutes from the July 13, 2022, worksession and regular meeting as amended. Denise King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
4.New Business
A.Special Exception Permit
Hold public hearing to consider the request of Barker Salem Homes LLC,property owner, for the issuance of a Special Exception Permit to allow a two-
family dwelling on the property located at 10 School Lane, (Tax Map # 145-12- 2).
Staff noted the following:
The subject property consists of a 0.221-acre parcel located at 10 School Lane. The parcel currently contains a vacant residence in a significantly deteriorated condition, prompting the Building Inspections Department to mandate either significant improvement or demolition of the structure.
The property owner intends to demolish the existing structure and construct a new two-family duplex on the property. There are several other existing duplexes within the surrounding neighborhood, including two properties that are immediately adjacent to 10 School Lane.
The subject property sits on a lot with access to both School Lane and White Oak Street, potentially allowing for two separate points of access.
Lewis Barker, 324 North Broad Street, appeared before the Commission and stated the following: His father, George Barker, is also a principle in Barker Salem Homes and they also have a small real estate company in Salem that has been in business thirty-three years. This is the first time in thirty-five years that they have been buying properties that they have ever considered tearing a house down and walking away from it. They have fixed up a lot of houses that probably should have been torn down. If this fails or passes, win or lose, that Mary Ellen Wines has done a phenomenal job helping him get to this point. He would also like to say that Troy Loving has bent over backwards for him because he has caught a lot of flak from the neighbors, and they would be happy to see this house torn down. Troy has been very accommodating, and he wants them to tear the house down. He presented the survey from the packet explaining that he wanted to build as large a duplex as possible. He did reach out to David Elam, adjacent property owner, and he supports the request. He did not speak directly to Jerry Everett, another adjacent property owner, but knows that Mr. Everett fully supports renovating properties. Should this item pass, Mr. Obenchain will demolish the existing structure within thirty days or sooner. He does not want to walk away from a single-family home that would take $30,000 to make livable. But there are a lot of unknowns in doing that, so he is willing to just tear it down and walk away; and
Vice-Chair King inquired that the house might be torn down within thirty days, but what is the construction timeline; and
Mr. Barker replied that it not a good time to build. He is going to sit back. They own two lots on South Market Street and one house unfortunately burned down and they tore it down and they are sitting on that lot as well. They tore down the second
house on that lot as well. He is not in a hurry to develop any of the lots, but they will keep it maintained. The house is in very good shape, but the addition is not. It started leaking and has deteriorated. They did not buy it to tear down and build a duplex; and
Mr. Reid asked what size duplex he was proposing; and
Mr. Barker said it would be two floors eight hundred square feet per floor per unit. Each unit would be sixteen hundred square feet. That would give him enough to have two bedrooms and two bathrooms. It will be open concept with laundry on the first floor. They have no intention of renting to college students; and
Faye Curren, 409 South Broad Street, appeared before the Commission with a petition signed by seven neighbors. She stated the following: “I am asking you to deny the request for a Special Exception Permit for 10 School Lane. The dilapidated boarded up one-story structure owned by Barker Salem Homes LLC at 10 School Lane needs to be demolished and replaced ONLY by a single-family dwelling. As you will see from the photos and your files, this investor does not appear to take care of properties. We have lived with 10 School Lane property being boarded up and certainly not taken care of for way over a year. You should ride around and look at the investor properties in Salem that we are expected to put up with. Would you want this in your neighborhoods? My home is only a few steps from 10 School Lane at the corner of School Lane and South Broad. I have over 25 years of real estate experience as a broker, and I certainly understand how the market works and the need for rentals. This request will impact me and my property in many ways and two more rentals in this area will be a negative when home buyers are looking for a home to purchase and lenders looking to lend money for a mortgage. South Broad between Main and 4th has too many rentals already and properties are not taken care of. In the 300 Block of Broad we now have only two owner occupied properties and in the 400 Block of Broad we only have six owner occupied homes. On School Lane you have two properties. One is a rental at 13 School Lane and the one belonging to Barker at 10 School Lane which should have been torn down already. The notifications for this public hearing were mailed to a list of people and you will note only two were sent to owner occupied homes. School Lane is only three blocks long running from White Oak to Union and used daily as a cut through to avoid traffic and lights on 4th and on Main. School Lane was not designed to be a two-way street and is simply a one lane alley. My neighbors will tell you; they contacted the City of Salem requesting the city look in to making School Lane a one-way Street, City of Salem employees came out and denied the request. Individuals that previously owned the house at the corner of Chapman and School Lane asked the city for permission to build a single-family home on School Lane. Apparently, they were told they could not build on School Lane and have sold and moved. Based on this denial, why are you considering allowing Barker to build a two-family building on School Lane? Rules should be the
same for all irrelevant of who you are and who you know. On a daily basis, we have cars trying to drive in two directions on a one lane alley. When cars meet on School Lane, one of the vehicles must drive in a yard in order to pass or back all the way down the narrow one lane alley. Renters will park in front of rental on School Lane and cars cannot get by and we struggle to get out of our driveway. Crime is increasing in our area. As a senior citizen that lives alone, I have become increasing concerned about my safety and the crime around our homes and in our neighborhoods. Items have been stolen from the exterior of our neighbors' homes. I have had items destroyed in my front yard. In May 2022 I was at home when I heard a loud bang. I thought someone was flying a drone and had hit my house again. I went outside to see what the noise was. At this point I heard sirens and police cars flying up Broad St and Chapman towards School Lane. Salem PD arrived quickly followed by SWAT and blocked Broad St and School Lane and locked down Salem schools. We could not leave our homes for almost four hours. Both individuals involved were from rental properties on School Lane and South Broad. Situations like this shooting incident is causing our area to become undesirable to homeowners. A renovated house for sale in the 300 Block of Broad has been reduced a total of $50,000 and still on the market which is unheard of in this market especially in the City of Salem. I understand the need for rental properties, it seems our area on Broad is being saturated with rentals that rent to individuals released from jail/prison, individuals on the sex offender registry among others. Appears landlords are not screening renters at all, or they receive incentives for certain renters. School Lane is a block from Carver. Would you want this approved if you owned and lived in my home? Please deny this request. Thank You for allowing us to speak today and again we request you deny this request. We have given you a packet of information which contains photos of our street and the residents on School Lane. We have also given you a petition that has been signed by our other neighbors. Thank you.”; and
Larry Lefler, 403 South Broad Street, appeared before the Commission and stated the following: “We are asking the Planning Commission to deny the request for a Special Exception Permit for 10 School Lane by Barker Salem Homes LLC and we offer the following information for your consideration. The dilapidated boarded up one-story home owned by Barker Salem Homes LLC at 10 School Lane needs to be demolished and replaced only with a single-family dwelling. We live at the corner of School Lane and S Broad which is only a few steps from 10 School Lane. The side of our home and our side yard runs 182' and is directly on School Lane. School Lane is not designed to be a two-way street and is simply a one lane alley which is 3 blocks long running from White Oak Street to Union Street. On a daily basis, we have cars trying to drive in two directions on a one lane alley by our home. This one lane alley is not wide enough nor designed to accommodate two lanes of traffic. When cars meet on School Lane, one of the cars or trucks must drive in my yard or my neighbors' yard in order to pass. When it rains or snows, cars drive in my yard causing damage to my yard and destroying our grass. Driving through
our yard leaves large deep tire tracks that we, as homeowners, must then repair. This is not a onetime occurrence but occurs constantly. We contacted the City about the issues we were having on School Lane. City officials came out and met with us to look at making School Lane one way; however, after the City officials met with us, we were told they could not make School Lane one way. We continue to have the same problems and now the situation is worse than before. Currently S. Broad between Main and 4th Street has too many rentals and properties not taken care of. We have become increasing concerned about the crime around our homes. In May of this year, while sitting in our living room we heard gun fire beside our home and at the time thought someone had thrown a rock at our home. We looked out our back door and saw a large white male waving around a pistol and screaming towards the rental on School Lane. We called 911 and police arrived quickly and then swat arrived. Even though the situation was handled quickly by Salem PD, this incident has left us very uneasy as to our safety in our own neighborhood here in Salem. Both individuals involved were in rental properties. One property on School Lane and one on South Broad. Situations like this shooting incident is causing our area to become undesirable to homeowners. We have also had items stolen from our front porch and from our lawn. Thank you for allowing us to speak today and again, we ask you to deny this request.”; and
Mr. Conner questioned staff if there were any traffic counts done on School Alley; and
Mr. Van Allman replied that there were none to his knowledge; and
Mrs. King inquired why the request to turn School Alley into a one-way alley was denied; and
Mr. Van Allman responded that he did not receive any official correspondence regarding that request. There are several other departments that are part of public works so they may have met to discuss the request. He further stated that he would look into it; and
Mr. Conner inquired as to whose department would oversee the request; and
Mr. Van Allman replied that there are usually several department directors along with the City Manager or Assistant City Manager that meet to discuss public works issues or requests. Ultimately it is the City Manager’s decision with consensus of the group; and
Mrs. King stated that School Lane is very narrow, and she cannot imagine that even driving in someone’s yard that you could get two vehicles down that road; and
Chair Daulton requested Mr. Barker to return to the podium; and
Chair Daulton asked how long they owned the property; and
Mr. Barker responded that he would give the back story on the property and that they also own the house at 411 South Broad Street. The court had ordered the sale of this property, 10 School Lane, and an agent in their real estate office sold it. It was supposed to be a cash buyer and the guy kept dragging his feet. The judge finally said this needs to be completed and Mr. Barker stated that if the buyer doesn’t buy it that he will. But really and truly the best value in this house is to do what he intended and tear down the addition and to fix up the house that is there. But again, after realizing that it is a foot and seven inches from the neighbor’s property and the setbacks are wrong. The alleys are all about the same size and you cannot get two cars in any of those alleys. If it is approved for a duplex, he could see putting the parking on White Oak Street and not trying to access it from School Lane. This house has been vacant for eight years, so it has not contributed to the current crime in the neighborhood. It is going to be rental property one way or the other; and
Mr. Conner asked if the access could be from White Oak; and
Mr. Barker said yes, but if they renovate the single-family home then they will utilize the existing driveway on School Lane; and
Chair Daulton stated that it appears that the concerns are more that it is a duplex and not a single-family home; and
Mr. Barker replied that he has two options, remodel the existing home or tear it down and build a duplex. You can’t see this property from South Broad Street. There is a hedge that is a great buffer between properties; and
Chair Daulton stated that if you demolish the existing structure and build a new one it would certainly look better and probably increase surrounding property values; and
Mr. Garst inquired as to the comparison of the rent values for each option; and
Mr. Barker responded that the duplex units would be twelve to thirteen hundred dollars per unit and seven hundred ninety-five for a two-bedroom house. They perform credit checks and background checks to make sure the tenants would be good neighbors; and
Mr. Conner stated that if this item gets denied the existing home will be renovated and rented so this discussion is really about the traffic of one additional family; and
Mrs. King detailed that as this is a special exception permit the Commission may recommend conditions on the approval. She asked if the petitioner would have any issues with the requirement of the driveway fronting White Oak Street; and
Mr. Barker stated that if the single-family home remains, they will utilize the existing driveway on School Lane. If the duplex is approved, it would be better to have the driveway access off White Oak Street.
Mrs. King asked staff what the setbacks for the new building would be; and
Ms. Wines replied that the property is zoned Residential Single-Family and if the property faces and is addressed School Lane then there is a twenty-five-foot front setback, twenty-five-foot rear setback, and ten percent of lot width on either side. It does not appear that they would have enough setback to front the duplex on School Lane so the duplex would have to front White Oak Street.
Having no other speakers regarding this item, Chair Daulton closed the public hearing; and
Neil Conner motioned Consider the request of Barker Salem Homes LLC, property owner, for the issuance of a special exception permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2) with the condition that parking and access are from White Oak Street and that staff handle the corresponding address change to White Oak Street. Reid Garst seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
B.Special Exception Permit
Hold public hearing to consider the request of Barry W Gladden and TinaMarie Gladden, property owners, for the issuance of a Special Exception Permitto allow a 1,400 SF detached garage on the property located at 900 PalmerAvenue, (Tax Map # 215-7-1.1).
Staff noted the following:
The subject property consists of a 0.257-acre parcel located at 900 Palmer Avenue.The parcel currently contains a residential structure and an approximately 500 SFattached garage building located in the existing side yard.
The subject property sits on a relatively narrow rectangular corner lot, allowing itthe flexibility to declare its address either on Palmer Avenue (existing) or Mulberry
Street (proposed). Should this Special Exception Permit be approved, the property owners intend to change their address from Palmer Avenue to Mulberry Street, affording them the necessary space to construct the requested 1,400 SF detached garage in the “new” rear yard of the property.
If approved, an existing privacy fence located in the current side yard of the subject property adjacent to Mulberry Street which would need to be either shortened to 3.5 feet or removed entirely in order to comply with the City’s zoning regulations.
Barry Gladden, 900 Palmer Avenue, appeared before the Commission stating that he currently has a 20' x 22' garage on the property, and it is not big enough to house his vehicles that are currently located at his workshop. He needs to move those cars out of the shop, and he wants to bring them to his house, but he does not want to leave them outside. He has one vehicle that is worth $300,000. He wants to build a garage so he has a place for the cars to keep them out of the weather and he can work on them; and
Mrs. King inquired as to the other vehicles that are on the property currently. There is a piece of construction equipment sitting in the front yard; and
Mr. Gladden responded that the equipment belongs to his company, and he was using it to remove the tree that was getting ready to fall. There is only one other vehicle there which is the Hummer, and he drives that regularly along with his work truck; and
Mr. Conner asked if he was planning on removing the current garage; and
Mr. Gladden replied affirmatively; and
Chair Daulton inquired if the current garage was to be demolished or moved somewhere else on the property; and
Mr. Gladden stated that it will be dismantled and taken to the scrapyard; and
Chair Daulton asked if the proposed garage was metal; and
Mr. Gladden answered yes that it is coming brown with green trim, and he is going to paint the house the same, so it matches the garage. The roof of the house is already green. He put that on last year; and
Mr. Conner inquired if there would be three roll up doors on the new garage facing Palmer Avenue; and
Mr. Gladden responded yes that the only access was from Palmer Avenue; and
Mrs. King asked what size the proposed garage was in relation to the existing house; and
Mr. Gladden stated that the garage would be 28' x 50'; and
Chair Daulton asked if it would be the same shape as the submitted plans; and
Mr. Gladden replied yes that it would have the same roof pitch as the house, and it would be shorter than the house; and
Mr. Conner said that in speaking with staff that there are side yard issues as far as putting the building on it as it cannot be done. One of the solutions was since you were on a corner lot staff would change the address to Mulberry Street. So, in essence the future garage would go in the rear yard. Would you be ok with all that entails an address change; and
Mr. Gladden stated yes, he would be ok with that solution; and
Mrs. King asked about the fence along Mulberry; and
Ms. Wines responded that the current fence along Mulberry is in the current side yard. If the address were to change the fence would then be in the front yard and the height would have to be shortened to the required 3.5 feet or the fence would need to be removed; and
Having no other speakers regarding this item, Chair Daulton closed the public hearing; and Jackson Beamer motioned consider the request of Barry W. Gladden and Tina Marie Gladden, property owners, for the issuance of a special exception permit to allow a 1,400 square-foot detached garage on the property located at 900 Palmer Avenue, (Tax Map # 215-7-1.1) with the conditions that the address be changed to Mulberry Street and fence be shortened or removed. Neil Conner seconded the motion.
Ayes: Beamer, Conner Nays: Daulton, Garst, King
C.Special Exception Permit
Hold public hearing to consider the request of Ornelas Main Street, LLC,property owner, for the issuance of a Special Exception Permit to allowautomobile repair services, major on the property located at 2016-2020 WestMain Street, (Tax Map # 138-2-3).
Staff noted the following:
The subject property consists of a 0.714-acre parcel located at 2016-2020 West Main Street. The existing business, Sharp Cars Ltd., operates on a parcel that contains two buildings - one of which houses the employee services and another which is a garage. A parking lot adjacent to West Main Street displays used automobiles for sale. Utility bills indicate that this business has been in operation since 1997.
Historical documents from former Building Officials/Zoning Administrators during the late 1900s and early 2000s indicate that the property at 2016-2020 West Main Street was in the B-3 zoning district which allowed for “public garages for the storage, sale, and repair of motor vehicles only. B-3 zoning does not allow the rebuilding of motor vehicles.”
Correspondingly, Sharp Cars has been repeatedly verified for the automobile dealership, used designation, and is grandfathered into the current zoning ordinance to serve that particular purpose. Sharp Cars is registered with the Motor Vehicle Dealer Board as an Independent Dealer but has not previously been approved for activities associated with the repair or rebuilding of motor vehicles.
Mr. Paul Ozaluk, owner of Sharp Cars, Ltd., 2016-2020 West Main Street, appeared before the Commission stating that they had been there approximately twenty years. He has been a car dealer from the time Bob Bell moved out of his location on Main Street. He further stated that he did not understand automotive repair services. He is an auto dealer, and he is not trying to petition for a retail automotive repair like Goodyear or something. That's why he does not understand why he had to get permission. He is not trying to open a public garage that is why he doesn't understand why he has to get this permit. They repair their own cars replace brake pads and such. They do not inspect their own vehicles. His mechanic works on their own cars. The sell cars and finance cars. He does not want the zoning changed and he does not understand the need for automotive repair services; and
Chair Daulton asked staff to explain the need for this request; and
Ms. Wines responded that a continuance of this item may be more appropriate so that staff could take the time to meet with Mr. Ozaluk to explain this situation. She further stated that as she received the application from Mrs. Ozaluk that the current status of Sharp Cars was understood; and
Having no other items before the Commission Chair Daulton adjourned at 7:53p.m.
Neil Conner motioned consider the request of Ornelas Main Street, LLC, property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the property located at 2016-2020 West Main Street, (Tax Map # 138-2-3) to be continued to a future meeting. Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
City Council meeting, August 22, 2022, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street